Hemraj Gangaram Iname And Others v. Suryabhan S/O Bhiva Dhawas

1 34 sa 444-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO.444/2022 Hemraj Gangaram Iname and others Vs.

Suryabhan s/o Bhiva Dhawas - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.C. Bhalerao, Advocate for appellants CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

06/04/ The present appeal is filed being aggrieved by the judgment and decree passed in Regular Civil Appeal No.04/2016 decided on 24/06/2022. The respondent has filed Regular Civil Suit No.27/2002 alleging that appellants have encroached upon the agricultural land of Old Survey No.1/1 Old Gat No.5 New Gat No.6 of area 3 H 6 R. The appellants are owner of adjoining land Old Gat No.6 Survey No.1/2 New Gat No.5. Hence suit is filed for possession and mesne profit.

2.

The learned Trial Court on the basis of admission by the defendant and also on the basis of report of Court Commissioner and other evidence on record held that the plaintiff is the owner of the land Survey No.1/1 and defendants encroached upon the suit land.

3.

Accordingly, possession was directed to be handed over. The respondent carried out appeal bearing Regular Civil Appeal No.04/2016. The appeal

2 34 sa 444-2022 is partly allowed and direction regarding enquiry of mesne profit is set aside. However, there is concurrent finding about encroachment of the appellants herein. The learned Appellate Court in view of admission of the appellants and report of encroachment recorded its concurrent finding regarding encroachment. As such, there is no substantial question of law involved in the matter and the present appeal stands dismissed. Decree be drawn up accordingly.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE